LexisNexis® Legal Newsroom
Duane Morris LLP: Federal Circuit Addresses Infringement of Method-of-Use Patents by Generics in Yasmin® Case

The U.S. Court of Appeals for the Federal Circuit on April 16, 2012, in Bayer Schering Pharma AG v. Sandoz, Inc. , Nos. 2011-1143, -1228 (YASMIN®), affirmed a district court's holding that as a matter of law, generic drug makers could not infringe patent claims reciting a method of use of an...

Duane Morris LLP: U.S. Supreme Court Restores Generic Pharma's Ability to Challenge Orange Book Use Code Information

The U.S. Supreme Court's unanimous ruling on April 17, 2012, in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S was a resounding win for both Caraco and the generic pharmaceutical industry as a whole. Specifically, the Court held that a generic manufacturer may employ the counterclaim...

Duane Morris LLP: Second Circuit Says License Agreement No-Challenge Clauses Are Unenforceable When Entered into before Litigation

On July 10, 2012, the United States Court of Appeals for the Second Circuit held in Rates Technology Inc. v. Speakeasy, Inc. that covenants prohibiting challenges to a patent's validity, along with liquidated damages provisions, are unenforceable where the covenants were entered into prior to litigation...

Duane Morris LLP: FTC Proposes New HSR Rules for Exclusive Patent Licenses in the Pharmaceutical Industry

On August 13, 2012, the U.S. Federal Trade Commission (FTC) announced it is seeking public comment to proposed changes to the premerger notification rules under the Hart Scott Rodino Act (HSR) relating to acquisitions of exclusive patent rights in the pharmaceutical industry. Background HSR requires...

Duane Morris LLP: ITC Administrative Law Judge Dismisses Case for Lack of Standing

In what is likely to be viewed as an unusual ruling, U.S. International Trade Commission (ITC) Administrative Law Judge (ALJ) David P. Shaw dismissed an investigation for lack of standing. 1 The decision to dismiss is noteworthy because a motion for leave to amend to cure standing deficiencies at the...

Duane Morris LLP: ITC Continues to Set a High Bar for Licensing-Based Domestic Industries

In a recent case, the U.S. International Trade Commission (ITC) continued the trend of fine-tuning the requirements for establishing a domestic industry based upon licensing activity. 1 The case was brought by Rambus against various semiconductor manufacturers and their customers. There were two families...

Duane Morris LLP: ITC Administrative Law Judge Rules That Ongoing Royalty Precludes Exclusion Order

In a recent decision that continues the U.S. International Trade Commission's (ITC) evolving jurisprudence on licensing, Administrative Law Judge (ALJ) Theodore R. Essex held that a running royalty awarded in a prior district court case foreclosed relief at the ITC. 1 The complainant at the ITC...

Duane Morris LLP: "Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit

On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. [ enhanced version available to lexis.com subscribers ] upheld an interesting jury verdict, resulting in a $319 million judgment against Disney relating...